Utah Revised Nonprofit Corporation Act
Utah Code Title 16, Chapter 6a
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The below is not updated with new changes to the law after 2018!
16-6a-717. Voting for directors
-- Cumulative voting.
(1) If the bylaws provide for cumulative voting for
directors by the voting members, voting members may cumulatively vote, by:
(a) multiplying the number of votes the voting members
are entitled to cast by the number of directors for whom they are entitled to
vote; and
(b) (i) casting the product for a single candidate; or
(ii)
distributing the product among two or more candidates.
(2) Cumulative voting is not authorized at a particular
meeting unless:
(a) the meeting notice or statement accompanying the
notice states that cumulative voting will take place; or
(b) (i) a voting member gives notice during the
meeting and before the vote is taken of the voting member's intent to cumulate
votes; and
(ii) if
one voting member gives this notice, all other voting members participating in
the election are entitled to cumulate their votes without giving further
notice.
(3) (a) Unless otherwise provided in the bylaws, in an
election of multiple directors, that number of candidates equaling the number
of directors to be elected, having the highest number of votes cast in favor of
their election, are elected to the board of directors.
(b) Unless otherwise provided in the bylaws, when only
one director is being voted upon, the candidate having the highest number of
votes cast in his or her favor is elected to the board of directors.
Amended by Chapter 127, 2001 General Session